A barber and a sugarcane seller accused of snatching another man's wife on Thursday told the High Court in Nairobi that he was mistaken for a thief and beaten up by a mob.
Joseph Odhiambo told the court he later found himself facing a murder charge over the death of his partner, Gladys Ndulu.
Barber Odhiambo, who also sells sugarcane on the side, is accused of killing Gladys on May 7, 2023.
Giving evidence before Justice Alexander Muteti, Odhiambo said he closed his barbershop around 9pm and went to Kanyoni Pub to watch a football match, staying until the match ended between 11:30pm and midnight.
On his way home, he said, he met a crowd shouting "thief, thief" and hid in what appeared to be roadside stalls.
He was spotted, pulled out, beaten and handed to police.
He was later transported to Kasarani Police Station, where he learnt he was accused of murder.
Odhiambo said he was shocked, insisting he had left Gladys alive at home that morning.
Describing how she came to live with him, he told the court: “While many witnesses have spoken concerning this case, including friends and neighbours and family of the late Gladys, I only knew Gladys for a short time before her death. She had a salon business and two children...and was initially living with a different man before she came to live with me.”
Gladys told him that her previous partner was mistreating her and that she wanted to live with him.
Her belongings were moved to his house, and she, her children and Odhiambo began living together. They lived together for three months, until her demise.
One night, he said, she told him she would go to the chief the following morning because she and the previous partner were still feuding and she wanted their separation formalised.
A letter was written directing the man to stop calling her or seeking her whereabouts.
Odhiambo photographed it using his phone, which is currently in the custody of the investigating officer.
The only encounter Odhiambo described with the other man occurred at Gladys's salon, where the ex-husband asked him: “How would you feel when a fellow man tries to 'spoil' your home?”
Odhiambo said he did not know the man before then and did not interact with him again.
During cross-examination, counsel for the victims put it to Odhiambo that he had portrayed himself as a godly man.
Counsel questioned him on whether he had paid dowry, to which he said no.
"So you stole someone's wife?" counsel asked, pointing out that the man, who testified as PW9, and Gladys had lived together 10 years.
Odhiambo held it was Gladys who asked to live with him.
Counsel challenged him on the children's account.
"One of the children testified you asked their mother to leave. Is that true?"
Odhiambo denied.
Counsel further asked who among the children was nearby when he was stabbing their mother.
"I wasn't home at that time," Odhiambo responded.
Asked whether the son saw him kill his mother, he said: "It's not true."
He denied the children's evidence and asked the court to disregard it, saying they were grieving and had been coached on what to say.
"I loved the children and many times they asked me about school work and I'd teach them and also taught them Godly things," he said, praying to reach them one day and to see where Gladys was laid to rest.
Asked between him and the other man who was found holding a knife, Odhiambo said: "I was."
On he whether he knew she succumbed to stab wounds, he said: "Yes."
He told the court he had not brought alibi witnesses because their contacts were on his phone.
Pressed on whether he or the witnesses were telling the truth, he said: “It is upon the court to find out.”
Justice Muteti ruled that the matter will be mentioned virtually on November 23, 2026, to confirm the filing of submissions before the defence hearing.
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